난민불인정결정취소
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Details of the disposition;
A. On June 6, 2012, the Plaintiff entered the Republic of Korea with a short-term visit (C-3) status on short-term stay (C-3) on a short-term basis, and applied for refugee status recognition to the Defendant on June 17, 2014, when the period of stay expires for about two years and nine months after the expiration of the period of stay.
B. On November 3, 2015, the Defendant rendered a decision to recognize refugee status (hereinafter the instant disposition) on the ground that the Plaintiff’s assertion does not constitute a case of “a well-founded fear that would be subject to persecution” as a requirement of refugee under Article 1 of the Convention on the Status of Refugees and Article 1 of the Protocol Relating to the Status of Refugees.
[Reasons for Recognition] Facts without dispute, Gap 1 through 4, Eul 1, 2, the purport of the whole pleadings
2. Whether the instant disposition is lawful
A. The Plaintiff asserted that he/she had believed Islamic intercourse in the country of nationality, and moved into the Republic of Korea on April 201, 201. Around July 201, 201, the head of Islamic bridge in the village, followed 60 young people in the village and assaulted the Plaintiff on the ground that he/she had 60 young people in the middle of July 201.
Therefore, the defendant's disposition of this case that did not recognize the plaintiff as a refugee is unlawful even if the plaintiff's return to Ghana is highly likely to be harmful to gambling.
(b) The definitions of terms used in this Act shall be as follows:
1. The term "refugee" means a foreigner who is unable or does not want to be protected from the country of his/her nationality due to well-founded fear that he/she may be injured on the grounds of race, religion, nationality, status as a member of a specific social group, or political opinion, or a stateless foreigner who, owing to such fear, is unable or does not want to return to the country in which he/she resided before entering the Republic of Korea (hereinafter referred to as "state of his/her nationality");
C. “Lambling”, which is a requirement for recognition of refugee status 1, is significant for the fundamental human dignity, including threats to life, body or freedom.